Backup Documents 09/15/2009 Item #16D 4
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1604
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si nature, draw a line through routing lines #1 throu #4, com lete the checklist, and forward to Executive Mana er on (line #5).
Route to Addressee(s) Office Initials Date
(List in routin order)
1. Executive Manager Board of County Commissioners oJ
11'1 N fY\ tTc HeLL
2. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above need to contact staff for additional or missing information. All original
ature are to be delivered to the BCC office onl after the BCC has acted to a rove the item.)
occf Phone Number
Agenda Item Number
is 2cQ'
Number of Original
Documents Attached ~
Number of Original ~
Documents Attached
Number of Original
Documents Attached a
Number of Original
Documents Attached ~
Number of Original
Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/ A (Not
a ro riate. (Initial) A licable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from yi
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is a plicable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to the Executive Mgr. in the BCC office within 24 hours ofBCC
approval. Some documents are time sensitive and require forwarding to Tallahassee within
a certain time frame or the BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporat d i the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised] .26.05, Revised 2.24.05
1604 I
MEMORANDUM
DATE: September 18, 2009
TO: Lyn Wood, Contract Specialist
Purchasing Department
FROM: Teresa Polaski, Deputy Clerk
Minutes and Records Department
RE: Contract #09-5266
Contractors: Sweeper Man, Superior Lawn, Ecosystem
Tech and Caribbean Lawn
Enclosed, please find five (5) original, referenced above (Agenda Item
#16D4) approved by the Board of County Commissioners on Tuesday,
September 15, 2009.
An original Agreement is being held in the Minutes and Records
Department in the Official Records of the Board's
If you should have any questions, you may contact me at 252-7240.
Thank you,
Enclosures
. ;..' 16D4
A G R E E MEN T 09-5266 '-'
';)-,.....
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for . , ~
..
Lawn Care Maintenance for the Neighborhood Stabilization Program
THIS AGREEMENT, made and entered into on this 15th day of September 2009, by and
between Sweeper Man of SW Florida Inc., authorized to do business in the State of Florida,
whose business address is 8012 Kansas Road, Fort Myers, Florida 33967, hereinafter called
the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier
County, Naples, hereinafter called the "County":
WITNE S SETH:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on
September 15,2009, and terminating on September 14, 2010.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional one (1) year periods. The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide lawn care maintenance for the
Neighborhood Stabilization Program in accordance with the terms and conditions of
RFP #09-5266 and the Contractor's proposal referred to herein and made an integral
part of this agreement. This Agreement contains the entire understanding between the
parties and any modifications to this Agreement shall be mutually agreed upon in
writing by the Contractor and the County project manager or his designee, in
compliance with the County Purchasing Policy and Administrative Procedures in effect
at the time such services are authorized.
Quotes will be obtained from all five (5) Contractors awarded Agreements for each
project.
3. COMPENSATION: The Owner shall pay the Contractor for the performance of the
Work pursuant to the quoted price offered by the Contractor in his response to a specific
Request for Quotation.
Any County agency may utilize the services offered under this contract, provided
sufficient funds are included in its budget(s).
Page lof6
'I. - ~.. -.~. ..----.-,.-.-.--- --~ '"
1604
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Richard T. Downare, President
Sweeper Man of SW Florida Inc.
8012 Kansas Road
Fort Myers, Florida 33967
Telephone: 239-466-5158
Facsimile: 239-466-5663
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/ GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.s., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
Page 2 of6
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any Jr9n a ~
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Page 3 of6
16 D4
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Health and Human Services Department.
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, RFP #09-5266 and Specifi-
cations/Scope of Services.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm
Page 4 of6
1604
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/ or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c.
immediate termination of any contract held by the individual and/ or firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Contractor is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto,
as either may be amended. Failure by the Contractor to comply with the laws referenced
herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENT AL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contactor.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would make the
presentation of any settlement reached during negotiations to County for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla.
Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
Page 5 of6
1604
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ::LLIERfI::LOk
Dwi t E. Brock, Clerk of Courts
','. k
Donna Fiala, Chairman
Sweeper Man of SW Florida Inc.
Contractor
----.
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Fir t Witness Signature
)me L.I'>t2-f:\ iLAr-.D
tTy~namet ----:' ~.&;5> ~
/A-f; P~~~~f /
~cond Witness Typed signature and title
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tTypejprint witness namet
Approved as to form and
legal sufficiency:
~~
.
Assistant County Attorney
CDUeet1 &Yee JA.-1L Item # Jai
Print Name Agenda ~tJ?)
Date
Page 6 of6
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1604 I
ACQ8f),. CERTIFICATE OF LIABILITY INSURANCE O:JrE~!':l I DAT~~;~D;'~~)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlor
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Atlass-Merri tt Island HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Oleander Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Cocoa FL 32922 I
Phone: 321-459-9905 Fax: 321-459-3.~~9.. _ i INSURERS ~FFORDlNG COVER~GE NAtC # .__
INSURED . I !~'SU~ERA Lloyd I s of London I
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'~.SU.~ER 3: .
Sweeperman of S. W. Florida ~SL'''E''C, ; _n. .._
Tab ~ Karen Downare u.__. _.._.._ __ _._,
8012 Kansas Rd. .~SURE~D:
Ft. Myers FL 33912 .'n __. ; n____
:~,Sl'RER ;;:
COVERAGES
THE PO~I::IES OF INS:J~ANCE LISTED BELOW HAVE BEEN ISSU=-D TO THE INSURe') NAMED ABOVE FOR THE POLICY PERIOD INDICA ;ED. NOTWITHSTAND!NG
ANY REQ:JIREMENT, -:-ERM OR. CONDITION OF ANY CON,RA'::;T OR OTHER DOCUMeNT ',..VITH RES?ECT TO WHICI-' THIS CERTIFICATE MAY BE (SSUED OR
MAY PERTAIN. Tf:E INS.JRANCE AFFORDED BY THE POLICIES oEseR/SED HEREIN IS SUBJECT TO AU THE ERMS, EXCLUSIONS AND CONDITIONS Or SUCH
POLICiES. AGGREG!I.TE LIMITS SHQ''/IiN MAY HAVE BEEN REDUCED BY ?AID CLAIMS
I~rri%~?;~ H -- -TYPE OF INSURANCE-" -- POLlCY>MlBER PD9.,~~r,f~fD"o~E : i>gk~EY(~~b~'N~~N .--- L;~;;TS
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A I X X C8M;,'ERCA'_GENE~ALLI~81L1lY 378413 05/31 09 i 05/31/10~'EliISES(E.O="'!lce\ 15100,000
~ CLAIMS I,IAC~ ~ OCCJR I ~"E~EP iAny 0118 perscn) .. S. 5.'.0. 00_ .____
I i ~.r-;A~&~CVI,~J~RY __~1,900,OQ.q_
I _ ___... .H __ I GENER.AL.~Gv.R~G"T~ Is 2,000, 9.,o._() _
I GEN'_ AGGRE3.ATE Ufo.1IT A~PLlES PE.~: ;'>ROD'JCTS _ COMPiOP AGG I s INCLUDED
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SPECI;-.L PROV SiONS ~(;IQ"v\,' . E.L O!S~.SE . POL:CY LIMIT S;
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DESCRIPTION OF OPERATIOr-.:S I LOCATIONS r VEHICLES I EXCLUSIONS ADDEO ElY ENDORSEroIENT I SPECIAL PROVISIONS
Street Sweeper Services 1996 Elgin 1FDXH70C7TVA14183 and 1997 Elgin
IFDXH81CXVVA20080
Collier County Board of Commissioners is named as additional insured for
General Liability Contract #09-5266 "Lawn Care Maintenance for the
Neighborhood Stabilization Program"
CERTIFICATE HOLDER CANCELLATlON
SHOULD ANY OF THE ABOV~ DESCRIBED POLICIES 8'" CANCELLED BEFORE THE EXPIRATIO~
DATE THEREOF. THE ISSUING INSURER WILL E~DEAVOR TO MAIL 30 DAYS WRITTEN
Collier. Coun ty Board of NOTICE TO THE CERTlFICATE HOLDER '1A~1EDTOTHE LEFT. BUT FAILU;:;;'O DO SO SHALL
COmmlss~oners
3301 Tamiami Trail East ER,ITSAGE~'TSOR
Naples FL 34112 REPR~SENTAYIVES. ""-
AUTHORIZED REPRESENTATIVE
Russell Jamieson
ACORD 2S (2001/08)
16D4
IMPORT ANT
If the certificate holder is an ADDfTfONAL INSURED, the policy(tes) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
Jul 20 09 04:14p MARK ACKERMAN STATE FARM 16204
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~ CERTIFICATE OF INSURANCE
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SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE
CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE
CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM
TiE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY
A Y POLICY DESCRIBED BELOW.
I !8l STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois
,hiS certifies that:
o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois
I o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas
I o STATE FARM INDEMNITY COMPANY of Bloomington, rIIinois, or
! o STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois
I
lias coverage in force for the following Named Insured as shown below:
~AMED INSURED: SWEEPER MAN OF SWFL.
ADDRESS OF NAMED INSURED: 8012 KANSAS RD. FORT MYERS FL 33912
pOLICY NUMBER 777-9520-D07-59A 541 7589-i'U2-59C 689 5961-C30-59A 697-5695-E19-59
E;FFECTIVE DATE
OF POlley 04/07/09-:0/07/09 07/12/09-01/12/10 03/30/09-09/30/09 05/19/09-11/19/09
I 96 Fore Tank
QESCRIPTlON OF 1FDXH70COSVA32006 94 E'ORD::700 Truck
lHTSC_4BNOYH252636 95 For CR7000 1FDXK74CSRVA23842 :FDYR82E1TVA07574
V,EHICLE (Including VIN) 2000 IntI Sweeper SHeeper
LIABILITY COVERAGE [gj YES DNO !8l YES DNO IZI YES ONO t8J YES ONO
LIMITS OF LIABILITY
g, Bodily Injury
I Each Person 1 Million 1 Million
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Each Acddent 1 Million 1 Million
ti Property Damage
I
! Each Accident 1 Mill ion 1 Million
c. Bodily Injury &
! Property Damage
; Single Limit
, Each Accident 1 MILLION 1 MILLION 1 Million
PHYSICAL DAMAGE [gIYES DNO l'8l YES DNO t8J YES DNO !8l YES DNO
GOVERAGES
cI. Comprehensive $ SGO Deductible $ 500 Deductible $ 5~C Deductible $ 500 Deductible
: t8J YES DNO l'8l YES DNO !8l YES DNO [8J YES ONO
~. Collision $ sea Deductible $ 500 Deductible $ S:;C Deductible S 50C Deductible
I EMPLOYERS NON-O\NNED t::.---:----- DYES !Xl NO I nYES rg] NO DYES [8J NO
~AA lIABILITY COVE'3^~ DYES igJ NO I
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HIRED CAR LJA31L1TV I 0 YE ~ lXJ />.-- DYES ~NO I DYES iZJ NO DYES k8;1 NO
COVEPJ\GE t:) l2Sl . JU I
i fiLl;l;:T - COVEPAGE reOR i I
L ~LLOV\iNED"..NDUCENSED I [J YE'" [gj' UYES !29 NO I DYES \29 NO DYES l3J NO i
MOTOR VEHICLES I;;;' I. . NO J
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Signahire of Authorized Representati'4V n I , ~. TitH:. --- Agent's Code Number Dale ------
N d A . . - -.'- HI. I J.../ A...QJrN;..........- I U. "d . .
..ame an ddress ot ce~~!.e._ 0 del' ~. .. .. - IT - I Name ana 1>.0 ress or .u.~~u q__
I ~~~~~~~i~~t~~~~tj J'?tb~~l.ql ."_eke ::m.;:l[l insu:C3.rlce TI'1el\CY Tnc
I 3301 T2.:niami Trilil Sa:=:,= I State 1:"nn .
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~idples, Fl 3~1l2 i 7320 3anibel Blvd
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INTERNAL STATE FARM USE ONLY: 0 Request permanent C;rtrticate''c;flnsurance for liability coverage.
Aug 25 09 10:36a MARK ACKERMAN STATE F,l;,Rl\:l Pi 6 D II
ITA11 flU......
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@@ CERTIFICATE OF iNSURANCE
IN1\J~"'tH:~,
SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLOER NAMED BELOW WILL NOT BE
CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 OAYS PRIOR WRITTEN NOTICE TO THE
CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM
THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE OOES NOT CHANGE THE COVERAGE PROVIDED BY
ANY POLlCY DESCRIBED BELOW.
This certifies that: !29 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois
o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois
o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas
o STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or
o STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois
has coverage in force for the following Named Insured as shown below:
NAMED INSURED: SWEEPER MAN OF SWFL.
ADDRESS OF NAMED INSURED: 8012 KAKSAS RD. FORT MYERS FL 33912
POLICY NUMBER 302-8404-~31-59J
EFFECTIVE DATE
OF POLICY 05/31/09-11/30109
DESCRIPTION OF
VEHICLE (Inc:uding VIN) ENOL
LIABILITY COVERAGE [ZI YES DNO DYES DNO DYES DNO DYES DNa
LIMITS OF LIABILITY
a. Bodily Injury
Each Person
Each Accident
b. Property Damage
Each Accident I
I
c. Bodily Injury &
Property Damage
Single Limit
Each Accident 1 M:::LLION
PHYSICAL DAMAGE DYES DNa DYES DNO DYES DNO DYES DNO
COVERAGES
a, Comprehensive $ Deductible $ Deductible S Deductible $ Deductible
DYES DNa DYES DNO DYES DNO DYES DNO
b. Collision $ Deductible $ Deductible S Deductible $ Deductible
EMPLOYERS NON-OWNED 1SI YES DNO DYES DNO DYES DNO DYES DNO
CAR L1ABlLlTY COVERAGE
.
HIRED CAR LIABILITY 1SI YES DNO DYES DNO DYES DNa DYES DNO
COVERAGE
FLEET - COVERAGE FOR
ALL OWNED AND LICENSED DYES [gJ NO DYES DNO DYES DNO DYES DNO
MOTOR VEHICLES
AGENT 2701 08/25/2J09
Title Agent's Code Number Date
Name and Address of Aaent
Collier Coun::.y Ac~erman Insura~ce Agency Inc.
Purchasing Department Stc.ce Farm
33J1 Tamiami Trail East 7320 Sanibel Blvd
>:a.~J. eS r FT.J 34112 Fort Hyers I FL 33%7
INTERNAL STATE FARM USE ONLY: 0 Request permanent Certificate of Insurance for liability cOllerage.
122429.3 Rev,07-26-20C5 0 Request Certificate Holder to be added as an Additional Insured.
Aug 25 09 10:22a Sweeper Man 239-466-5663 p'16/D IJ
. S/25f2DD9 09:5! Lion Insunmce LION INSURANCE COMPANY~SWEEPER MAN OF
,
CERTIFICATE Of LIABILITY INSURANCE Oa~c:
8125/2009
Praducer: Lion Insurance Company Tltls CertIficate Is Issued as a llliItter of Information only and confers no rights
2739 U_S, Highway 19 N. ..pon the CertjflCil te Holder. T iris Certlflcalr does not.. mend, extend Dr al~er
Holiday, FL 34591 tl1e COV"r.lge afforded by tl1e policies below.
727 -938-5562 Insurers Affording Coverage NArC -it
Insured: South East Personnel Leasing, Inc. InSlJ(er k Lion In<urllnc,, Companv U075
2739 U.S. Highway 19 N. Insurar B:
Holiday, FL 34691 Insurer c:
'nsurerO:
In surer E:
Coverages
Too prnc esof ill!:wance lisled bela,.., have 09811 issued to 'he I1Sl100 nalnr:wd 000v& tor tie pol qrpeliod indi:at9 d.. NJ~ths1:andilll3fJ{ raqvireme~.larrn or conditioll-ot arrp'cl:1r1t"ect or artier docu:nBntoMtll (espect to Y'ff"Jd1
lhls cerljllcele mavbeissue.d or rn~ pmEin,1:he. illSUJ6lI:ce ella'ded by lI1e pclicies describ8d I1creill is Sl.bja<:t to etflh'3 tenns, exclusior\s~aoo conditioffi af 5lIchpalcias_ Aggrege.e 5mits st"tmi<<l ma,t have been reci.Kec:by
paid datms.
NSR AOOL Type of Insurar.ce Policy Number Policy Effeelive POlicy Expiration Date Limits
Lm I'lSRO Dale
{MMlDDIYY) (MMfODIYY)
GENERAL LIABILITY Each OocurrencE! $
- Commerr::iaJ General Liability Damage to root,a IYemlses ("€A
: ::J Claims Made 0 Occ.... OCClrre.-x:e}
- ~18~ E><I>
- Perscmal Adv Injury $
3eneral aggregate limit applies per:
:J Pole,! o Project o LOC GenOflll Aggr"9.t. $
PradtJC1S . CompIOp Agg $
iAUTOMOBILE LIABILITY CorntmruJ Sif1!J~ Limi:
..... Nrt AUO (EA Acddel1l)
i- All Owned Auto:; Bodi~ triur;
i- (Pel PBlSOO) $
Scheduled Av10'i
"- tired }l.l1.OS Bodl~IIri",Y
i- H()..OwI1~d Aut<>S (Pm AcciGefl11 $
-
Pro,e"'/ D8r1l896
(Pe' Acciaenll $
EXCESS/UMBRELLA LIABILITY Each Oc0HJ'8nCe
~ Cowr o Claims Mad a Aggragf1te
Ceductitf€
A Workers Compensation amI we 71949 01/0112009 ()1/01J2010 X I we StZllu- I I OT!+
Employers' LlaDility Ie rv Limits ER
Any propr~IOt/partnerjexeeutiv" officer/merriler E, L. Each Accid ""~ Si,OOO.JOO
ma:luded? E.L. Dis..""..- Ea Employee
$1.000,JOO
If Yes, describ<> UndN speci.1 p,ovislons below. E,L. Oi.e....- Policy Limls Si,OOO,JOO
Olher Lion Insurance Company Is A.M. Best ComlMny rated A- (Excelfent). AM8 # 12616
Oescrlptions of OperatlonslLocatlonsNehlcleslExcluslons added by End(JrsemenllSpecial Provisions: C60:nt 10; 37-66-489
Coverage only applies to active employee(s) of South Easl Personnel Leasing, lne, that are leased to and working for the fullowing "Client Company":
Sweeper Man ofS.W. FL.
Coverilge only applies to injJries incurred by South East Perscnnel Leasing,lnc. active employee(s) ,,,,hIe working in florida.
Coverage does not apply to statutory errQJloyee(s) or independent contractor(s) of the Client Company or my other entity.
A list of the active employee(s) leased to the dient Company can be obtained by 'axing a requesl to (727) 937-213EJ Of by caning (727) 938-5562.
FAX: 239-466-5663 & 239-252-6697 (ISSUE 07-20--09 (TO) I REISSUE 08-25-09 (SD)
8eQiro D1:>le 5i91200S
CERTlFICI\TE HOLDER CANCELt.AllON
COLLI ER COUiIlTY SOARD OF COUNTY ShoofdQI"f'/ 01 the C1~ oo.saitoo policl ~5 00 cooceUl3d baJora the e:<pirdion date lh&f8ol, ~he issuing jnsLJrerl\;U
endsz.c<l 10 mail 30 da....swriUBnnotic8 10 the certifrcatehddern::o-edlQ the 1el1 bUl '01;:1..1'0 to c'ososhag imJostJ no
COMMI5S:CNERS, NAPLES. FLORIDA obliQ<3rion or liabilt')' of on," k'nd;.lpon tha- iflSl'Jr<<f", irs agents Cor mprf3'iBntarU.I8'3 . ,
3301 TAM INA I TRAIL EAST ~ --/~
NAPLES FL 34112
/-"
16D4
A G R E E MEN T 09-5266
for
Lawn Care Maintenance for the Neighborhood Stabilization Program
THIS AGREEMENT, made and entered into on this 15th day of September 2009, by and
between Superior Landscaping & Lawn Service Inc., authorized to do business in the State of
Florida, whose business address is 2200 NW 23rd Avenue, Miami, Florida 33142, hereinafter
called the "Contractor" and Collier County, a political subdivision of the State of Florida,
Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on
September 15, 2009, and terminating on September 14, 2010.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional one (1) year periods. The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide lawn care maintenance for the
Neighborhood Stabilization Program in accordance with the terms and conditions of
RFP #09-5266 and the Contractor's proposal referred to herein and made an integral
part of this agreement. This Agreement contains the entire understanding between the
parties and any modifications to this Agreement shall be mutually agreed upon in
writing by the Contractor and the County project manager or his designee, in
compliance with the County Purchasing Policy and Administrative Procedures in effect
at the time such services are authorized.
Quotes will be obtained from all five (5) Contractors awarded Agreements for each
project.
3. COMPENSATION: The Owner shall pay the Contractor for the performance of the
Work pursuant to the quoted price offered by the Contractor in his response to a specific
Request for Quotation.
Any County agency may utilize the services offered under this contract, provided
sufficient funds are included in its budget(s).
Page lof6
," _ 1,___ . ~ -"-
16 D4
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Orlando Otero, President
Superior Landscaping & Lawn Service Inc.
2200 NW 23rd A venue
Miami, Florida 33135-0095
Telephone: 305-634-0717
Facsimile: 305-634-0744
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/ GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
Page 2 of6
1604
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Page 3 of6
1604
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Health and Human Services Department.
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, RFP #09-5266 and Specifi-
cations/Scope of Services.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm
Page 4 of6
1", fJ l( j
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/ or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c.
immediate termination of any contract held by the individual and/ or firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Contractor is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto,
as either may be amended. Failure by the Contractor to comply with the laws referenced
herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contactor.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would make the
presentation of any settlement reached during negotiations to County for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla.
Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
Page 5 of6
1604
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COU TY, FLORIDA
By:
Donna Fiala, Chairman
.
Superior Landscaping & Lawn Service Inc.
By:
" O~TT
p~snamet Ol\tAAlOO OrB~o / Fh.fS'()~1
Second Witness Typed signature and title
7)At/// j{.~n,.,. r
....
tType/print witness namet
Approved as to form and
legal sufficiency:
~--&~~
Assistant County Attorney --
":rL fJ ~ \ rt..~ (3.. ~ "-'\ \ ,<- Item # LloJ)~
Print Name Agenda ~p5j
Date I
Page 60f6
A CORQM CERTIFICATE OF LIABILITY INSURANCE 8 11 2009
PRODUCER Phone: 305-445-3535 Fax: 305-447-9478 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Hub International Fortun ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
365 Palermo Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Coral Gables FL 33134-6607
INSURERS AFFORDING COVERAGE
INSURED INSURER A: WR BERKLEY CORP
Superior Landscaping & Lawn Service, Inc. INSURERB: Wesco Insurance Com
2200 NW 23rd Avenue
Miami FL 33142 INSURERC: Travelers Insurance
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ~~~~ POLICY NUMBER PJlk{~1ri~~g8~E Pg1!fJI~~~N LIMITS
LTR
A X ~NERAL LIABILITY PSPOO06407-00 11/7/2008 11/7/2009 EACH OCCURRENCE $1 000 000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES lEa occurence) $100 000
I CLAIMS MADE IX] OCCUR MED EXP (Anyone person) $ 5 000
f-- PERSONAL &ADV INJURY $1 000 000
I--- GENERAL AGGREGATE $2 000 000
~'LAGGREGZlE LIMIT APPLIES PER: PRODUCTS. COM PlOP AGG $2 000 000
POLICY X jW-i n LOC Pesticide/Herb 1 000 000
B X AUTOMOBILE LIABILITY WPP1011946-00 11/7/2008 11/7/2009 COMBINED SINGLE LIMIT
- $1,000,000
lL ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
f--
eX- HIRED AUTOS BODILY INJURY
$
elL NON-OWNED AUTOS (Per accident)
.
I-- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
'=j ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
C X ~ESS!UMBRELLA LIABILITY QK06502023 11/7/2008 11/7/2009 EACH OCCURRENCE $ 5 000 000
X OCCUR D CLAIMS MADE AGGREGATE $5 000 000
$
8 DEDUCTIBLE $
X RETENTION $10 000 $
WORKERS COMPENSATION AND I T~g~:'iI#~ I IOJ~-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE $
If yes. describe under
SPECIAL PROVISIONS below EL. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate holder is named as an additional insured with respect to the General Liability. Re: Contract #09-5266 "Lawn
Care Maintenance for the Neighborhood Stabilization Program"
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
Collier County Government BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO MAIL <30> DAYS WRITTEN NOTICE TO THE
3301 Tamiami Trail, East CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
Naples FL 34112 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE/'Y &-~"
ACORD 25 (2001/08) ORD CORPORATION 1988
16 04
J.
ACORD.. CERTIFICA TE OF LIABILITY INSURANCE OPID JL I DATE (MM/DDIYYYY)
SUPER-8 08/11/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Insurance Marketers, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2600 Doug1as Road Suite 712 ALTER THE COVERAGE AFFORDED BY THE POLICIES BEl.OW.
Cora1 Gab1es FL 33134
Phone: 305-442-9507 Fax: 305-447-8527 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A The Hartford Ins Cos of SE
INSURER B: NAIC# 38261
Supe~ior Landscaping & Lawn INSURER C:
ServJ.ces, Inc.
P.O. Box 35-0095 INSURER D:
Miami FL 33135
INSURER E:
COVERAGES
1HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 1HE INSURED NAMED ABOVE FOR 1HE POLICY PERIOD INDICATED. NOlWl1HSTANDING
ANY REQUIREMENT, TERM OR CONOITION OF ANY CONTRACT OR 01HER DOCUMENT WITH RESPECT TO WHICH 1HIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, 1HE INSURANCE AFFORDED BY 1HE POLICIES DESCRIBED HEREIN IS SUBJECTTO AlL 1HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR( TYPE OF INSURANCE POLICY NUMBER DATE CMMIDDiW't' "[5kW: (MM/DD/YY) LIMITS
GENERAl LIABILITY EACH OCCURRENCE $
-
COMMERCiAl GENERAL LIABILITY PREMISES (Ea occurence) $
- :=J CLAIMS MADE 0 OCCUR
MED EXP (Anyone person) $
-
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
f--
GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $
IJ POLICY n j'f& n LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
f--- $
ANY AUTO (Ea accident)
~
AlL OWNED AUTOS BODILY INJURY
~ (Per person) $
SCHEDULED AUTOS
-
HIRED AUTOS BODILY INJURY
f--- $
NON-OWNED AUTOS (Per accident)
f---
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT $
==1 ANY AUTO OTHER 11-IAN EAACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
tJ OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X ITORY LIMITS I lon-I-
ER
A EMPLOYERS' LIABILITY 21WBN01877 12/01/08 12/01/09 $ 1000000
ANY PROPRIETORIPARTNERlEXECUTIVE E.L. EACH ACCIDENT
OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1000000
If yes, describe under $ 1000000
SPECiAl PROVISIONS below E.L. DISEASE. POLICY LIMIT
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Contract#09-5266 "Lawn Care Maintenance for the Neighborhood Stabi1ization
Program".Coverages are subject to the terms, conditions,deductib1es and
exc1usions as shown on the p01icy.*10 Days notice of cance11ation for non
paymen t of premium.
CERTIFICATE HOLDER CANCELLATION
COLLICO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, 1HE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN
-
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
COLLIER COUNTY GOVERNMENT IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON 1HE INSURER, ITS AGENTS OR
3301 TAMIAMI TRAIL EAST
NAPLES FL 34112 REPRESENTATIVES.
[)oRE RESENTATIVE
ACORD 25 (2001/08) @ACORDCORPORATION1988
A G R E E MEN T 09-5266 16 D4
for
Lawn Care Maintenance for the Neighborhood Stabilization Program
THIS AGREEMENT, made and entered into on this 15th day of September 2009, by and
between Ecosystem Technologies, Inc., authorized to do business in the State of Florida,
whose business address is 2223 McGregor Boulevard, Fort Myers, Florida 33901, hereinafter
called the "Contractor" and Collier County, a political subdivision of the State of Florida,
Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on
September IS, 2009, and terminating on September 14, 2010.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional one (1) year periods. The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide lawn care maintenance for the
Neighborhood Stabilization Program in accordance with the terms and conditions of
RFP #09-5266 and the Contractor's proposal referred to herein and made an integral
part of this agreement. This Agreement contains the entire understanding between the
parties and any modifications to this Agreement shall be mutually agreed upon in
writing by the Contractor and the County project manager or his designee, in
compliance with the County Purchasing Policy and Administrative Procedures in effect
at the time such services are authorized.
Quotes will be obtained from all five (5) Contractors awarded Agreements for each
project.
3. COMPENSATION: The Owner shall pay the Contractor for the performance of the
Work pursuant to the quoted price offered by the Contractor in his response to a specific
Request for Quotation.
Any County agency may utilize the services offered under this contract, provided
sufficient funds are included in its budget(s).
Page 10f6
1604
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Benjamin C. Jones, Vice President
Ecosystems Technologies, Inc.
2223 McGregor Boulevard
Fort Myers, Florida 33901
Telephone: 239-337-5310
Facsimile: 239-337-4494
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
Page20f6
1604 ""'.;
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Page 3 of6
16D4
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Housing and Human Services Department.
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, RFP #09-5266 and Specifi-
cations/Scope of Services.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm
Page 4 of6
16D4
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/ or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c.
immediate termination of any contract held by the individual and/ or firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Contractor is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto,
as either may be amended. Failure by the Contractor to comply with the laws referenced
herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contactor .
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's
staff person who would make the presentation of any settlement reached during
negotiations to County for approval. Failing resolution, and prior to the commencement
of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon
Circuit Court Mediator certified by the State of Florida. The mediation shall be attended
by representatives of Contractor with full decision-making authority and by County's
staff person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
Page50f6
160q
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COYrTY, FLORID~
Dwi' ht E.Brock, Clerk of Courts 1jJ~ d~
oCR~Jr
By:
Donna Fiala, Chairman
~EAL)
,t .. a. a..
1f?n~tl,W. ........ .
. - (.)1ft I.
Ecosystem Technologies, Inc.
~Ru-~ By:
First Witness
Chaf \<.,,~ Rv..fY\ph
~tn&~ '(flJ \0 M. Tont's I .J..) Pre.~.
Second Witness Typed signature and title
0\1z.0L- D~
tTypejprint witness namet
Approved as to form and
legal sufficiency:
t~~ IloD~
Assistant County Attorney Item #
ColJeen G-reerUL Agooda 'i'~
Date _.
Print Name ~~,
. Oepu
f
Page 6 of6 t~ " '''.''U9'. .._.,..."".........,."~,.~......, "or"
~ From:ALAN WILLIAMS ASSOC 239 418 1219 08/17/2009 10:39 #176 P.001/001
16Dh
ACORQ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DWYYYY)
08/11/2009
PROOUCER (239)418-1100 FAX (239)418-1164 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Alan Williams & Associates Insurance Agency Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
13700-1 Ben C. pratt/ ALTER THE COVERAGE AFFORD,ED BY THE POLICIES BELOW.
Six Mile Cypress Pkwy
Ft.Myers, FL 33912 INSURERS AFFORDING COVERAGE NAICIf.
INSURED Ecosystem Techno 1091 es Inc. INSURER A: Ameri can Fi re & Casualty 24066
2223 McGregor Blvd INSURER B:
Fort Myers, FL 33901 INSURER c:
F: 239-337-4494 1M INSURER 0:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWlTHSTANDI
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF Sl
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY P.IIIO CLAIMS,
LTR NSR[ TYPE OF INSURANCE POUCY NUMBER DATECMMIODfYYYY DATE iMMIDDfYYYY UMITS
GENERAL UABIUTY BKA52666540 10/16/2008 10/16/2009 EACH OCCURRENCE $ 1,000,00
'"X COMMERCIAL GENERAL LIABILITY ~~E'MiS'Es 'tE~';;~;ence) $ 100,00
I-- :J CLAIMS MADE 0 OCCUR 10,00
MED EXP (Any om' per."n) ~
A 7 Contractual Liab. PERSONAL o!. ADV INJURY $ 1,000,00
I-- 2 000 00
u.... _< nh__n...__........... nn__....__ __ ____n....____h________ __ -----------__--___0.___0.." GENERA~AGGREGATE $ ....-..
------- ------- f-- -
GEN'L AGGREGATE LIMIT APPLIES PER PflOOUcrs . COMP/OP AGG ~ 2,000,00
II POLICY n jf~T n LOC
AUTOMOBILE LIABILITY BAW52666540 10/16/2008 10/16/2009 COMBINED SINGLE LIMIT
f-.,.- $
X ANY AUTO (Ea accident) 1,000,000
f--
ALL OWNE:"D AUrOS 80DIL Y INJURY
f-- $
SCHEDULED AUTOS (Par person.1
A 'X
HIRED AUTOS BODIL Y I>!JURY
'X $
NON-OWNED AUTOS (Pcr ecclconl)
I--
I-- PROPERTY DAMAGE $
(Pcr accldont)
GARAGE LIABILITY AUTO ONLY. Ell. ACCIDENT $
R ANY AUTO OTHER THAN Ell. ACC $
AUTO ONLY: AGG $
EXCESS I UMBRELLA UABIUTY US052666540 03/09/2009 03/09/2010 EACH OCCURRENCE $ 3,000,000
[!J OCCUR D Cl!\IMS MADE AGGREGATE $ 3,000,000
A $
~ DEDlICTIBLE $
X RfTF.NTION $ 10,OO() $
WORKERS COMPEN3ATION I TOR-7I.IMtfs I IVE~'
AND EMPLOVER3' LIABILITY Y I N
ANY PROPRIETORJPARTNERiEXEGlJTIVD F..L. FACH AGCIOF.NT $
OFFICER/MEMBER EXCLUDED?
(111AndRtOl)' In NH) EL DISEASE. EA EMPLOYE $
~~~I~t~~~S"~~6NS below E .L. DISEASE. POLICY LIMIT $
OTHER BK052666540 10/16/2008 10/16/2009 See policy schedule
~ommercial Property
A ~nland Marine $250,000 Rented/Leased Equip
$500 Deductible
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
-o11-ier--C-ounty-- Board--o'fnCounty--(onmiss; oners-.-are--named--as--addi-ti-onal---; nsured--with--re5peCt!5m--m ___________________n_ h<_____
o general liability.
evised 8/17/09
"{'lO dav.. of .1 at: ion for Non- D@r FI
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPlRA n
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .l.2.... DAYS WRI'TT1:N
Collier County Board of County Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHAL
Purchasing Department-Purchasing Building IMPOSE NO OBUGATlON OR UABlUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Attn: Ray Carter REPRESENTATIVES,
3301 Tamiami Trail East AUTHORIZED REPREseNTATIVE L~-:Z;~-
NaRles, FL 34112 Jeff Williams/PL4
ACORD 25 (2009f01)FAX: 239.252.8048 @1988.2oo9ACORDCORPORATION. All rights reserved
The ACORD name and logo are registered marks of ACORD
16 D4 ~
IMPORTANT
If the certificate holder is an ADOITIONAL INSUREO, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVEO, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009/01)
Au g , 1 2 ' 2009 8:34AM No.7611
ACORDrar CERTIFICA TE OF LIABILITY INSURANCE
PROOUCER THIS CERllFICATE IS ISSUED AS A MATTER OF INFORMAllON
Risk Concepts Corporation ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERllFICATE DOES NOT AMEND, EXTEND OR
410 43rd Street West Suite N ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Bradenton FL, 34209
INSURERS AFFORDING COVERAGE NAIC#
INSURER A: Soullleln 1;8gre Insurance company
Administrative Concepts Corporation INSURER l!: L10ydB of London AA-1122000
406 43rd Street West INSU~ER c: Aspen Reinsurance AA.1120337
Bradenton FL, 34209 INSURER 0: Max Re Bermuda AA.3190829
INSURER E: Ody6&ey Re 23680
COVERAGES
THE POL-Ieres OF INSURANCIi: LISTEO BELOW HAve al;EN ISSUEO TO THE INSURED NAME ABOve FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT IMTH RESPECT TO INHICH THIS CE~l'l"ICAYE MAYBE ISSUEO OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHO\MII MAY' HAVE BeEN ReOI,iCEO BY PAID CL.AlM$.
INSK ADD'L POLICY EFFECllVE po~ ,:"'RATION
LTH INSRO Type OF IN$URANClO POI.ICy NUIIBE~ DATE'MMlDDfYYI DATE MfDDIYY\ UMITS
OENERAL UABIUTY EACH OCCURRENCE $
f--
COMMt:I<CIAL GEN!:FlAL LIABllITV PREMISES CEa llCWITe,,,,,,) 5
I-- :J Cl.I\lMS MADE DOCCUR
!.lED F.XP (Any on" parson) $
I"- PERSONAL & ADV INJURV $
f--
GeNeRAL AGGRCGAT!: $
-
GcN'L AGGREGATE LIMIT APPLIES PER: PROOUCTS-COMPIOJ' AGG 5
IF nJRO- nl
F'(IlICY Jl::CT lOC
AUTOMOBlLr;: UABlUTY COMBINED SINGLE LIMIT
- (Ea acciderol) $
ANY AUTO
-
ALL OV\.NEDAUTOS eODrLY INJVRY
- $
SCHEDULED AUTOS (I""'~)
J--
HIRED AUTOS BODtL Y INJURY
J-- $
NON.{)VVNEO AU'fOS (P.... acc;idenl)
f--
f--- r'ROJ'ERTV DAMAGE $
(Per accldeIlll
GARAGJ; LIABILITY AUTO ONL YEA ACCIDCNT $
=1 ANY AUTO OTHF.R THAN EA ACC $
AUrOONLV' ACG 5
EXCESSlUMBReLUl LIABIlITY EACH OCURRENCE 5
~ OCCUR D CLAIMS MADE AGGflEGA'rE $
$
R DEDUCTIBLE $
RETENTION S $
A I-\()HKERS COMPENSATION AND X I T~~~~~I~S I IOT~
EMI'\.OYERS'lIABlLITTV WC0272682.QO 01/01/2009 12/31/2009
AH( PROPRlETORJPARTNERJE:XECUTlVE H EACH ACCIDENT $ 1 ,000,000 00
OI=I=ICERlMEMBER EXCLUDED? E.L, DISEASE-lOA EMPLOY[C S 1,000,00000
If Y"., de8C11D& under E.L, DISEASE.POLICY UMIT S 1,000,000.00
SPECIAL PROVISIONS below
u..,!:... PlUM note lliat SOIIttlem Eagle Illliurance ComJlilny hill n:in$urcd ih Ii;lbilitil:$ in ~ Of $260,000 ~nd., the poliCies of
BC Workers Compensation in&urancc li&tcd a~ with the undlllWriIl:l$/i5tcd A- or better It the lime Of Placement of such reinsutllnc::e, Sucl'1 reln!ll.lrance
DE Excess Coverage are &ubjld Iv their own terTn$, ~ondition$ and limits, ThiS is for inlo,maliQn81 purposes and 001l\In9 sllaJl creBte any nghl
under SUCh reinsut'lnee.s,
DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES f &l\Cl.U$tONS Apt!tip 8'1' IONOORSEMliNY I SPleIA\. PROVISIONS Effective: 07/2212002 021900
Coverage is extended to the leased employees of alternate employer (Florida OperatiOns Only):
Ecosystem Technologlos, Inc.
DISCLAIMER: This Certificate of Insurance dOes not constitute a contract between lhe issuing insufer(s), aulhorized representative or proQl,II;:er, and the certificate
holder nor does it aftirmitivelv or neaativelv amend exte!nd or alter the QClver8Qe afforded bY'the DOliciesli&tBd therBOn.
CERTIFICATE HOl.DER CANCELLATION
Collier County Board of County Commissioners IjHOUI.O ANY OF THE ABOVE OESCRleEO POLICIES BE CANCELLED BeFORE rHE E)(~IJolAf ION
DATE THEREOF, TIlE ISSUING INSURER v.tLL ENDEAVOR TO MAJL~DAYS Wl'lITTEN
Steve Camell, Purchasing! GS Director NOTICE TO 1HE CERTIFICATE HOlDl1H NAMeD "OlHE LEn, OUT fAILURE TO 00 SO SHALL
3301 Tamiami Trail East IMPOSE NO OBUGATION OR LIABILITY OF ANY KIND urON THE INSllREl'l, IT6 AGENTs OR
Naples FL, 34112 REPRESENTATIVES,
AUTHORIZED REPReSENTATIVE "9 \)J... ~.
Fax#- (239) 252-6584 ' ........-............ \ ..... ~-
ACORD 25 (2001/08) 444 - 20090811 @ ACORD CORPORATION 1988
16011
A G R E E MEN T 09-5266
for
Lawn Care Maintenance for the Neighborhood Stabilization Program
THIS AGREEMENT, made and entered into on this 15th day of September 2009, by and
between Caribbean Lawn & Garden of SW Naples FL., Inc., authorized to do business in the
State of Florida, whose business address is 3307 Desoto Boulevard S., Naples, Florida 34117,
hereinafter called the II Contractor II and Collier County, a political subdivision of the State of
Florida, Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on
September IS, 2009, and terminating on September 14, 2010.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional one (1) year periods. The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide lawn care maintenance for the
Neighborhood Stabilization Program in accordance with the terms and conditions of
RFP #09-5266 and the Contractor's proposal referred to herein and made an integral
part of this agreement. This Agreement contains the entire understanding between the
parties and any modifications to this Agreement shall be mutually agreed upon in
writing by the Contractor and the County project manager or his designee, in
compliance with the County Purchasing Policy and Administrative Procedures in effect
at the time such services are authorized.
Quotes will be obtained from all five (5) Contractors awarded Agreements for each
project.
3. COMPENSATION: The Owner shall pay the Contractor for the performance of the
Work pursuant to the quoted price offered by the Contractor in his response to a specific
Request for Quotation.
Any County agency may utilize the services offered under this contract, provided
sufficient funds are included in its budget(s).
Page 1 of6
16 D4
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Maria C. Caraza, Vice President
Caribbean Lawn & Garden of SW Naples FL., Inc.
3307 Desoto Boulevard S.
Naples, Florida 34117
Telephone: 239-455-7278
Facsimile: 239-455-7645
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/ GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
Page 2 of6
16n4 ~
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Page30f6
1604
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Health and Human Services Department.
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, RFP #09-5266 and Specifi-
cations/Scope of Services.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm
Page 4 of6
1604
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/ or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c.
immediate termination of any contract held by the individual and/ or firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Contractor is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto,
as either may be amended. Failure by the Contractor to comply with the laws referenced
herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contactor.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would make the
presentation of any settlement reached during negotiations to County for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla.
Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
Page 5 of6
16 D4
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
COLLI ER CO TY, FLORIDA
By: ~ ~~
Donna iala, Chairman
j/J CaribbeanJrawn & Garden of SW Naples, FL, Inc.
conV~lI
f:/y)d~o fu~0,
By. l/ ~
First Witness ./
~AaiD C A ~{(6 / Si9~
(YJ Ihi; 1/ 'j},fA 211
Type/Print Witness Name Typed Signature
~ ~,,-(j~ ~( -f ~J{fJ
/ ~ itness Title
20rJ{)jdh &;120
Type/Print Witness Name
Approved as to form and
legal sufficiency:
0~AA- ~
Assistant County Attorney
,. -------1
~ 1 C9u I
~ ,te,,,#!@i ,
~ .
\1 Agenda :i.hft O{1 ~
; :; ~k ~
~ ,
~! Of'r~, ~C1
~~
l h~,1Y t
Page -9- i: .,
l~...... - =.~~.'I'..
16 D4 .....
ACORQ" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY)
8/21/2009
PRODUCER Phone: 239-939-1010 Fax: 239-939-7172 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Tim Shaw Insurance Group Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
email: certificates@timshaw.com ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
4091 Colonial Blvd
Fort Myers FL 33966 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURERA:North Pointe Insurance Co. 77740
Caribbean Lawn & Garden of SW Naples, Inc INSURER B:
PO Box 990866
Naples FL 34116 INSURER c:
INSURER 0:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~i~ ~~r: POLICY NUMBER POLICY EFFECTI VE P~~$~Y EXPIRATION LIMITS
A GENERAL LIABILITY 3093000279 4/4/2009 4/4/2010 EACH OCCURRENCE $1 000 000
- ~~EMISES IEaoccurencel
x.. 3MERClAL GENERAL LIABILITY $100 000
- CLAIMS MADE [x=J OCCUR MED EXP (Any one person) $5 000
PERSONAL & ADV INJURY $1 000 000
-
GENERAL AGGREGATE $2.000 000
-
GEN'LAGGREGATELlMIT APnS PER: PROOUCTS . COM PlOP AGG $2 000 000
Xl POLICY n ~~8T LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- $
AN Y AUTO (Eaacddent)
f--
ALL OWNEDAUTOS BODILY INJURY
f---- $
SCHEDULEDAUTOS (Per person)
f----
f-- HIREOAUTOS BODILY INJURY
(Per accident) $
NONDWNED AUTOS
f----
f---- PROPERTY DAMAGE $
(Per accident)
GARAGE L1ABI L1TY AUTOONLY- EAACCIDENT $
R ANY AUTO OTHER THAN EAACC $
AUTO ONLY: AGG $
~ESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR 0 CLAIMS MADE AGGREGATE $
$
=1 DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I T~2~Ift]Ns I IOJ~-
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERlEXECUTIVE E.L. EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $
~~~~I~t:PI\'6~I~NS below E.L. OISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SP ECIAL PROVISIONS
'ERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED WITH REGARDS TO THE GENERAL LIABILITY COVERAGE SHOWN ABOVE; FOR
NY WORK PERFORMED BY THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
Collier Country Board of County BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE
Commissioners CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
3301 Tamiami Trail E. SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
Naples FL 34112 THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE .'.'~{:~~~.{~~::~%~l,~,t:_,
ACORD 25 (2001/08) @ACORDCORPORATION 1988
.
IMPORT ANT
If the certificate holder is an AODITIONAL INSUREO, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVEO, subject to the terms and conditions of the policy, certain policies may
requ ire an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
T-200 P,OOl/001 F-l11
OB-14-2009 01:20pm From-PE49B2 16nll
''''.fll ,.....
.., CERTIFICA TE OF INSURANCE
lI.."u..t~
SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE
CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYs PRIOR WRlITEN NOTICE TO THE
CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM
THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY
ANY POLICY DESCRIBED BELOW.
This certifies that: [8J STATE FARM MUTUAL AUTOMOBilE INSURANCE COMPANY of Bloomington. illinois
o STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois
o STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas, Texas. or
o STATE FARM INDEMNITY COMPANY of Bloomington, Illinois
has coverage in force for the fol/owing Named Insured as shown below:
NAMED INSURED: CARIBB~ LAWN Ii GMOEN
ADDRESS OF NAMED INSURED: PO BOX 990866, NAPLES. FL 34116-6046
POLICY NUMBER '162 0632-F25-59A 666 6442-D03-59 640 3292-D22-59B
EFFECTIVE DATE
OFPOUCY 06/25/09-l2125/09 04/03/09-10/03/09 04/22109-10/22/09
DESCRIPTION OF FLEET (5 05 FORD
VEHICLE (InCluding V1N) VEHICLES) RANGER
LIABILITY COVERAGE ~YES DNa &J YES DNa 18I YES DNO DYES DNO
LIMITS OF LIABILITY
a. Bodily Injury
Each Person
Each Accident 2 MM CSL l MM CSL 2 MM CSL
b. Property Damage
Each Accident
c. Bodily Injury &
Property Damage
Single Limit
Each Accident
PHYSICAL DAMAGE [g] YES ONO t8J YES oNO 1ZI YES DNO o Yl:s ONO
COVERAGES
8. Comprehensive $ 500 Dedualble $ 500 Deductible $ 500 Deductible $ Deductible
rB:l YES DNO ~YES DNa 18I YES DNa DYES DNO
b. Colfision $ 500 Deductible $ 500 Deductible $ 500 D\!ductible $ Deductible
EMPLOYERS NON.OWNED DYES l:81 NO DYES DNa DYES DNO DYES DNa
CAR LIABILIty COVERAGE
HIRED CAR lIAB/L1lY DYES I8J NO DYES DNa DYES DNa DYES DNO
COVERAGE FLEET - COVERAGE FOR
AlL CMmED AND UCE;NSED lZJ YES DNO r8I YES DNa DYES DNa DYES DNO
MOTOR VEHICLES //)/1 ~ C AGENT 2598 08/14/2009
' //Vf/V"
Signature of Authorized Represenll1!ive Titre Agent's Code NUmber Date
Name and Address of Certfflcate Holder Name and Address of AQent
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BRIAN A. GLAESER
3301 TAMIAMl TRL E 7385 RADlO RD SUITE lO4A
NAPL~S, FLORlDA 34112 NAPL~S, FL 3~104
INTERNAL STATE FARM USE ONLY: 181 Request p81lTJanent Certificate of Insurance for liability coverage,
122429.2 Rev. lle.10.2004 ~ Request Certificate Holder to be added as an Addillonellnsured.
19.rn ~"
ACORDTM CERTIFICATE OF LIABILITY INSURANCE I DATE. MMfDDIYYYY)
7/30/2009
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Intego Insurance Services, LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
2000 winton Rd South HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Rochester NY 1461B ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(BBB) 2B9-2939 (BBB) 289-2988
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Twin Ci tv Fire Insurance Compa 29459
Caribbean Lawn & Garden of SW Naples FL Inc INSURER B:
3307 Desoto Blvd South INSURER C:
Naples FL 34117 INSURER D:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~i~ ~~~; POLICY NUMBER P~H~\~~~~gm:= PgkW,~~~Z!9,N LIMITS
~NERAL LIABILITY EACH OCCURRENCE $
- 13M MERCIAL GENERAL LIABILITY ~~~~~~J9E~~~~nCe) $
- CLAIMS MADE D OCCUR MED EXP (Anyone person) $
- PERSONAL & ADV INJURY $
- GENERAL AGGREGATE $
~'L AGGREAE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $
POLICY ~~R.,: LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
f----
f---- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
f----
f---- HIRED AUTOS BODILY INJURY
$
I NON-OWNED AUTOS (Per accident)
f----
- PROPERTY DAMAGE $
(Per accident)
RRAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
OESS/UMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
A WORKERS COMPENSATION AND 02WEGAA376B 6/4/2009 4/9/2010 I T~Jm,~;, I IOJ61-
EMPLOYERS' LIABILITY 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1,000,000
If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERATIONS {LOCATIONS {VEHICLES {EXCLUSIONS ADDED BY ENDORSEMENT {SPECIAL PROVISIONS
CONTRACT #09-5239 ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE VENDORS
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
Collier County Board of Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
3301 Tamiami Trl. E. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES,
Naples FL 34112 AUTHORIZED REPRESENTATIVE tfittit &tr.:wl_._
I I
ACORD 25 (2001108) @ACORD CORPORATION 1988
Page 1 of 2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO D "
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's signature, draw a line throu h routin lines # I throu h #4, complete the checklist, and forward to Executive Mana er on (line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4.
5. Executive Manager Board of County Commissioners .,fro/Oj
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above need to contact staff for additional or missing information. All original
documents needin the BCC Chairman's si ature are to be delivered to the BCC office onl after the BCC has acted to a rove the item.)
Name of Primary Staff L L~(,o~ Phone Number ;:,;) 4>~. '
Contact V\
Agenda Date Item was S-" Agenda Item Number I~.D.
A roved by the BCC ( S- 20()
Type of Document G (\'k...c-r Number of Original d
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not
a ropriate. (Initial) A licable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances, JOp
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's '1l(~
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final negotiated contract date whichever is ap licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to the Executive Mgr. in the BCC office within 24 hours of BCC ~{C(
approval. Some documents are time sensitive and require forwarding to Tallahassee within
a certain time frame or the BCC's actions are nullified. Be aware of your deadlines!
6. The document was approved by the BCC on q- I S-. 0 Cf (enter date) and all changes
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a Iicable.
I: Forms/ County Forms/ BeC Forms/ Original Documents Routing Slip WWS Original 9.0304, Revised 1.26.05, Revised 2.24.05
16DlJ i
MEMORANDUM
DATE: September 18,2009
TO: Lyn Wood, Contract Specialist
Purchasing Department
FROM: Teresa Polaski, Deputy Clerk
Minutes and Records Department
RE: Contract #09-5266
Contractor: Hannula Landscaping & Irrigation, Inc.
Enclosed, please find one (1) original, referenced above (Agenda Item
#16D4) approved by the Board of County Commissioners on Tuesday,
September 15, 2009.
An original Agreement is being held in the Minutes and Records
Department in the Official Records of the Board's
If you should have any questions, you may contact me at 252-8411.
Thank you,
Enclosures
1604
A G R E E MEN T 09-5266
for
Lawn Care Maintenance for the Neighborhood Stabilization Program
THIS AGREEMENT, made and entered into on this 15th day of September 2009, by and
between Hannula Landscaping and Irrigation, Inc., authorized to do business in the State of
Florida, whose business address is 28131 Quails Nest Lane, Bonita Springs, Florida 34135,
hereinafter called the "Contractor" and Collier County, a political subdivision of the State of
Florida, Collier County, Naples, hereinafter called the "County":
WIT N E SSE T H:
1. COMMENCEMENT. The contract shall be for a one (1) year period, commencing on
September 15, 2009, and terminating on September 14, 2010.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for two
(2) additional one (1) year periods. The County shall give the Contractor written notice
of the County's intention to extend the Agreement term not less than ten (10) days prior
to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide lawn care maintenance for the
Neighborhood Stabilization Program in accordance with the terms and conditions of
RFP #09-5266 and the Contractor1s proposal referred to herein and made an integral
part of this agreement. This Agreement contains the entire understanding between the
parties and any modifications to this Agreement shall be mutually agreed upon in
writing by the Contractor and the County project manager or his designee, in
compliance with the County Purchasing Policy and Administrative Procedures in effect
at the time such services are authorized.
Quotes will be obtained from all five (5) Contractors awarded Agreements for each
project.
3. COMPENSATION: The Owner shall pay the Contractor for the performance of the
Work pursuant to the quoted price offered by the Contractor in his response to a specific
Request for Quotation.
Any County agency may utilize the services offered under this contract, provided
sufficient funds are included in its budget(s).
Page 1 of6
16nJ,
~. .
4. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if mailed or faxed to the Contractor at the following Address:
Dale F. Hannula, President
Hannula Landscaping and Irrigation, Inc.
28131 Quails Nest Lane
Bonita Springs, Florida 34135
Telephone: 239-992-2210
Facsimile: 239-498-6818
All Notices from the Contractor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/ GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
Page 2 of6
1604
8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
for convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Contractors; Products and Completed Operations and Contractual Liability.
B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County Government shall be listed as the
Certificate Holder and included as an Additional Insured on the Comprehensive
General Liability Policy.
Page 3 of6
.1604 ~
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Contractor during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (30) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall insure that all subContractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Contractor shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone
employed or utilized by the Contractor in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of
Collier County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf
of the County by the Health and Human Services Department.
14. CONFLICT OF INTEREST: Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Contractor further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate, RFP #09-5266 and Specifi-
cations/Scope of Services.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/ or any employee of the firm
Page 4 of6
16 nh f
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/ or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and/ or quotes; and, c.
immediate termination of any contract held by the individual and/ or firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Contractor is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.s.e. 1324, et seq. and regulations relating thereto,
as either may be amended. Failure by the Contractor to comply with the laws referenced
herein shall constitute a breach of this agreement and the County shall have the
discretion to unilaterally terminate this agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS/SERVICES. Additional items and/ or services may be added to
this contract upon satisfactory negotiation of price by the Contract Manager and
Contactor.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would make the
presentation of any settlement reached during negotiations to County for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Contractor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla.
Stat.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collier
County, Florida, which courts have sole and exclusive jurisdiction on all such matters.
Page 5 of6
16D4
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
wri tten.
BOARD OF COUNTY COMMISSIONERS
ATTEST: COLLIER COU TY, FLORIDA
Dwi . e:.~~<;k,_~lerk of Courts
"\), ~
' ,
I- ",
:~ - ..,. By:
. 0.", " ,_
Dated:/: Donna Fiala, Chairman
. ("',,2-)
'..-(SEAL)):' .
r~"_ 1:,\"" . .,'.
'tud IS' to'..cae,.... .
, ,i"'~icMi>.
'. ~ .
Hannula Landscaping and Irrigation, Inc.
Contractor
~tn~ !Iday By: (]:tIif~J
"
Signature
lTYiC!. de~
tT e print witness net
poJe r: rtaJ1I1t.JCL -7ye..St/)evtT
Typed signature and title
(fJWI\~~ -~At.ta(
tType/print witness namet
Approved as to form and
legal sufficiency:
~~}JtJ~
Assistant County Attorney
CoI leen (5r-ee YL1L
Print Name
Page 60f6
1604
Cllent#: 33375 HANLA1
ACORDfll CERTIFICATE OF LIABILITY INSURANCE I DATe (NMlODIYYYY)
06/22/09
PRODUCeR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gulfshore Insurance.lnc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
4100 Goodlette Road North HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Naples, FL 34103 -3303
239 261-3646 INSURERS AFFORDING COVERAGE NAlC#
11l8u/te;D INSURfRA: FCCl.lnsurance Company
Hannula Landscaping & Irrigation, Inc. ItlSURER 8:
28131 Qualls Nest Lane INSURER 0:
Bonita SprIngs, FL 34135-6930 INSURER 0:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOO INDlCATEO. ,",'OlWIlHSTAND1NG
ANY REQUIREMENT. TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE lNSUAANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONomoNS OF SUCH
POLlClt:S. AGGREGA.TE LIMITS SHOWN MAY HAve BEEN REOUCED BY PAID CLAIMS.
B TYPE; OF INSllAAIICE POLICY HUMBER POUC EfFECTIVE P EXPlllAnON UMlT$
E
A ~NERAL LIABILITY Gl.OO067391 01113/09 01/13/10 EACH OCWRRENCE $1.000 000
X. O'J.ERCIAl GI:NERAL UA8lUTY OAMAGETO RENTEO $100.000
- ClAIMS MAOE [jJ OCCUR !.'.EO EKP (Any OM JlIIlOIl) $5.000
II PO Ded:1.000 PERSONAL & ADV INJURY $1.000.000
GEIlERALAGGREOATE $2.000 000
~m.AGG~UMIT APnIPER' PRODUCTS - COMP/Of' AGO $2.000.000
POLICY ~R-r LOC
A ~ToMoBILe L!A81LITY CAOO100451 01l13{09 01{13/10 001.l91:-1EO SINGLE liMIT $1,000,000
~ AAY AUTO (Ea a<<l<Ianl)
I-- ALL O'M'lEO AUTOS Boo1L Y INJIJRV $
SCHEOUlED AUTOS (P$t person)
I--
~ HIllEO AUTOS 800lL V INJURY
$
~ NON.OWNED AUTOS (Per a~cIen1l
PROPERlY OAAlAGE $
(per a<<ldenl)
RRAOI! L1ABILnV AUTO ONLY - EA AcCIDENT $
AAY A\frO OTHER mr: EAACC $
AUTO ONl : AGO $
OESSlUl.!BRELlA LIABIliTY EACH OCCURRENCE $
OCCUR 0 CWMS MADE AGGREGATE $
$
R DEOUCTIBLE $
RETENTION $ $
A VlORKERS COMPENSATION ANO 001WC08A40029 01/01/09 01/01/10 X IT~J!~T!:!;,I IOJ~'
EMPLOYEll&' LIABILITY E.L. EACH ACClDSl1' $500 000
Nff Pll.OPRlETOIIIPARTNERlEXECUllVE
OFFlCERlMEMBEA EXClUDEO? E.L. D1SEASI:. E!A EMPlOYEe $500 000
~~~Mt=~~s t<llow e.L OlSEASE. POUCY UMIT $500 000
OTHER
DESCRlpnOll 01' OPERATIONS/ LOCATIONS I VEHICLES ,EXCLUSIONSADOEO BY ENOORSEMENT , SPECIAL PROVISIONS
Collier County Board of County Commissioners are named as Additlonallnsured as respects to General
L1ablllty per form CG2033 07.04 & CGL021 04/03.
CERTIFICATE OLDER CANCELLATION
Collier County Board of County
Commissioners
Purchasing Department
3301 East Tamlaml Trail
Naples, FL 34112
ACORD 25 (2001/08) 1 of 2 #S3609621M347570 CAH 0$) ACORD CORPORATION 1988
I
1604
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED. the pOllcy{les) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder In Reu of such endorsement(s}_
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder In lieu of such endorsement(s}.
DISCLAIMER
The Certificate of Insurance on the reverse side of thIs form does not constitute a contract between
the IssuIng Insurer{s}, authorized representative or producer, and the oortlflcate holder, nor does It
affirmatively or negatively amend, extend or alter the coverage afforded by the policIes listed thereon.
ACORD 25-S (2001/08) 2 of2 #S360962JM347570
16 D4
COMMERCIAL GENERAL LIABILITY
CG 20 33 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies Insurance provided under the following:
,
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II - Who Is An Insured Is amended to B. With respect to the Insurance afforded to these I
Include as an additional insured any person or or- additional Insureds, the fO!lowlng additional exclu-
ganlzation for whom you are performing operations slons apply: i.
when you and such person or organization have This Insurance does not apply to:
agreed In writing In a contract or agreement that 1. "Bodily Injury", "property damage" or "personal i
such person or organization be added as an addl- and advertising Injury" arising out of the render- i
tionaJ Insured on your policy. Such person or or- I'
ganlzatlon Is an addltlonal Insured only with re- Ing of, or the faBure to render, any professional i
,
spect to liability for "bodily InjurY', "property architectural, engineering or surveying ser- i
damage" or .personal and advertising Injury" vices, Including: I
caused, In whole or In part, by: a. The preparing, approving, or falling to pre- I
1. Your acts or omissions; or pare or approve, maps, shop drawings, I
opinions, reports, surveys, field orders. i
2. The acts or omissions of those acting on your change orders or drawings and speclfica- i
behalf; tions;or
In the performance of your ongoing operations for i
b. Supervisory, Inspection, architectural or 1
the additional Insured. engineering activities. j
A person's or organization's status as an addillonal 2. "Bodily Injury" or "property damage" occurring ~
Insured under this endorsement ends when your after: i
operations for that additional Insured are com- a. All work, IncludIng materials, parts or i
pleted. t
equipment furnished in connection with 1
i
such work, on the project (other than serM t
vice, maintenance or repairs) to be per- l
formed by or on behalf of the additional in- !
sured(s) at the location of the covered i
!
operations has been completed; or i
b. That portion of "your work" out of which the
i
injury or damage arises has been put to Its I
Intended use by any person or organization I
other than another contractor or subcontrac- t
tor engaged In performing operations for a i
i
principal as a part of the sam a project. !
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CG 20 33 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1 0 I
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1604
COMMERCIAL GENERAL LIABILITY
CGL 021 (04 03)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS _
SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
rameOf Person or Organization: I
(If no entry appears above, information required to complete this endorsement will be shown In Ihe Declarations as
appllcable to this endorsement.)
Who Is an Insured (Sect/on II) Is amended to Include as an insured Ihe person or organization shown In the
Schedule, but only wilh respect to your negligent actions which cause liability to be Imposed on such person or
organization without faull on Ihe part of said person or organization. as a result of .your work" performed for that
insured.
,
CGl021 (04 03) Includes copyrighted materlal of ISO Properties, Inc., with Its permission. Page1of1
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